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2 Jan, 2008 7:16 am
... , i.e., still pending in the court system. See also Daniels v. Millar Elev. Ind., Inc., 44 AD3d 895, - NYS2d - (2nd Dept. 2007); Eagle Ins.
Co. v. Persaud, 1 AD3d 356 ... Order and Judgment, dated October 31, 2006, the Appellate Division, Second Department, decided the case of A.B. Med. Servs., PLLC v. Geico Cas. Ins. Co., 39 AD3d 778, 835 NYS2d 616 (2007). The Appellate Term, 1st Judicial Dist., concurred in A.I.D. Med. Supplies & Inter-trade, Inc. v. Geico Gen. Ins. Co., 15 Misc 3d
140(A), 841 ...
16 Sep, 2008 2:45 pm
... Corporation (sued herein as MVAIC) moved for summary judgment dismissing the complaint, arguing, inter alia, that the action was premature
since plaintiff and its assignor failed to exhaust all remedies ... Term, 1st Dept 2007]). In light of the foregoing, the judgment is affirmed. Lur Med. Supply, Inc. v GEICO Ins. Co., 2008 NY Slip Op 51867(U) ... Company i/s/h/a Kemper Auto & Home Insurance
Company," asserting, inter alia, that plaintiff had sued the wrong insurer. By order entered September 4, ...
17 Oct, 2007 5:05 am
... and, on January 3, 2006, [*2]entered judgment in favor of plaintiff. Thereafter, Citiwide Auto Leasing, Inc. (Citiwide), located at 1945
Utica Avenue, Brooklyn, New York, which was not named in the action, moved by order to show cause to, inter alia, stay execution of the ... ,
the court was required, pursuant to CPLR 7511 (e), to confirm the award (see Matter of Exclusive Med. & Diagnostic v Government Empls. Ins.
Co., 306 AD2d 476 [2003]). Midisland Med., PLLC ...
18 Feb 12:52 am
... Jud Dists 2006]). Accordingly, the judgment is affirmed, albeit on other grounds. Top Choice Med., P.C. v New York Cent. Mut. Fire Ins.
Co., 2009 NY ... s motion for summary judgment is reversed and defendant's motion is denied. Continental Med., P.C. v Mercury Cas. Co., 2009 NY
Slip Op 50234 ... , 2009) In support of its cross motion, defendant submitted, inter alia, an affidavit of an employee of Independent Physical
Exam Referrals, Inc. (IPER), the company which scheduled the IMEs. The District Court ...
28 May 8:01 am
... insured incident. Accordingly, the Civil Court properly awarded judgment dismissing the complaint. A.M. Med. Servs., P.C. v GEICO Ins. Co.,
2009 NY Slip Op 51029( ... , and defendant's cross motion to strike the complaint is denied. Bath Med. Supply, Inc. v Utica Mut. Ins. Co., 2009 NY Slip Op 51030(U) ... admissible form, i.e., by [*2]introducing into evidence the claim form[s] in question by,
inter alia, calling a witness to lay a foundation for the admissibility of the claim form[s] as . . . business ...
9 Dec, 2008 3:42 pm
... that plaintiff failed to state a cause of action (CPLR 3211 [a] [7]). MVAIC argued, inter alia, that the action was premature since
plaintiff failed to demonstrate that all available remedies against ... those parties, plaintiff may then assert a claim against MVAIC. DJS Med. Supplies, Inc. v American Tr. Ins. Co., 2008 NY Slip Op 52456(U ... notwithstanding the fact that plaintiff did
not specifically object thereto (see A.B. Med. Servs. PLLC, 11 Misc 3d 71). However, the record reveals that defendant ...
14 Jun 9:20 am
... summary judgment and defendant cross-moved for summary judgment dismissing the complaint. Defendant argued, inter alia, that plaintiffs did
not make a prima facie showing of their entitlement to ... 's cross motion for summary judgment should have been denied. Bath Med. Supply,
Inc. v Country Wide Ins. Co., 2009 NY Slip Op 51145(U) ... professionals were actually employees, and that the claim forms contain
misinformation, is irrelevant" (A.M. Med. Servs., P.C. v Progressive Cas. Ins. Co., 22 Misc 3d 70, ...
23 Jul, 2008 2:45 pm
... entitled to summary judgment dismissing said claim. Orthotic Surgical & Med. Supply, Inc. v
GEICO Ins. Co., 2008 NY Slip Op 51540(U) ... triable issue of fact with respect to the claim at issue (see Vista Surgical Supplies, Inc. v
Travelers Ins. Co., 50 AD3d 778 [2008]). Accordingly, the judgment is affirmed. ... herein as MVAIC) cross-moved for summary judgment dismissing the complaint. MVAIC argued,
inter alia, that the action was premature since plaintiff and its assignor failed to exhaust all ...
4 Mar 11:33 am
... to summary judgment. In opposition to plaintiff's motion for summary judgment, defendant asserted, inter alia, that the alleged injuries do
not arise out of an insured incident (see Central ... seeks again on this appeal, is appropriate in this case (see CPLR 3212 [g]; Tele-Pac, Inc. v Grainger, 168 AD2d 11 [1991]; E.B. Metal & ... is unnecessary for us to address the issue of whether a meritorious defense was demonstrated. Velen
Med. Supply, Inc. v Country-Wide Ins. Co., 2009 NY Slip Op 50343(U ...
9 Nov, 2007 8:27 am
Anderson v GHI Auto Serv., Inc., 2007 NY Slip Op 08395, (App. Div. 2d) Pursuant to CPLR 308(2), service of process may be made, inter alia, by delivery of the summons within the state to a person of suitable age and discretion "at the defendant's actual place of ... . in City of N.Y. v
Maryland Cas. Co., 90 NY2d at 278; St. Vincent's Hosp. & Med. Ctr. v Nationwide Mut. Ins. Co., 42 AD3d at 524). Accordingly, the plaintiff
failed to establish, prima facie, its ...
1 May, 2008 9:25 am
... the existence of an issue of fact with respect to the defense of lack of medical necessity (see A.B. Med. Servs., PLLC v Liberty Mut. Ins.
Co., 39 AD3d 779 [2007]; Long ... including plaintiff herein, Justice Kenneth Davis of the Nassau County Supreme Court enjoined, inter alia,
plaintiff herein, from commencing suit against defendant to recover no-fault ... s cross motion for summary judgment dismissing the complaint. Orthotic Surgical & Med. Supply, Inc. v GEICO Ins. Co., 2008 NY Slip Op 50869(U) ...
9 Jan 7:40 am
... below granted defendant's motion for summary judgment on default. Thereafter, plaintiff moved, inter alia, to vacate the order entered upon
its default and, upon such vacatur, ... action was dismissed]). The independent contractor defense is non-precludable (see Rockaway Blvd. Med.
P.C., 9 Misc 3d at 54). An insurer should be able to rely ... protects a patient from erosion of available benefits by inflated charges" Complete Orthopedic Supplies, Inc. v. State Farm Ins. Co., 16 Misc 3d 996, 1005 (Civil ...
19 Mar, 2007 7:13 am
... NYSlipOp 50493(U); Fortune Med., P.C. v Nationwide Mut. Ins. Co., 2007 NYSlipOp 50497(U); Vista Surgical Supplies, Inc. v Allstate Ins. Co., 2007 ... ., 2007 NYSlipOp 50496(U). In the court below and on appeal, plaintiff argues, inter alia, that the peer review reports annexed to defendant's opposition papers were insufficient ... a proper assignment of benefits in a proper
verification request plaintiff must provide it. Metroscan Med. Diagnostics, P.C. v Progressive Cas. Ins. Co., 2007 NYSlipOp 50500(U ...
17 May, 2007 12:36 pm
... Slip Op 51170[U] [App Term, 2d & 11th Jud [*2]Dists]; Metro Med. Diagnostics, P.C. v Motor Veh. Acc. Indem. Corp., 6 Misc 3d 136[ ... ;
11th Jud Dists]). Defendant's answer clearly places at issue with respect to each assignor, inter alia, the necessity and reasonableness of the
particular medical services rendered and the sufficiency of the no- ... that the answer, without more, places at issue the basis for severance (see S.I.A. Med. Supply Inc. v GEICO Ins. Co., 8 Misc 3d 134[A], 2005 NY Slip Op ...
12 Aug 7:36 am
... CLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]; Sound Shore Med. Ctr. v Lumbermens Mut. Cas. Co ... NYCRR) § 65-3.8 (c) (see also Insurance Law § 5106 [a]), based upon, inter
alia, a peer review report concluding that there was no medical necessity for the services rendered to Seraphin. ... plaintiff's motion for summary judgment was properly granted, and
would affirm the judgment. Astoria Advanced Med., P.C. v Allstate Ins. Co., 2009 NY Slip Op 51729(U) (App. ...
1 Oct 2:14 am
... one day manifest from technology enabling forum defendants to circumvent the forum defendant rule by, inter alia, electronically monitoring
state court dockets. Thus, Congress would have had ... resident defendant may be ignored in determining removability"). Missouri: Taylor v. Cottrell, Inc., 2009 WL 1657427, at *2 (E.D.Mo. June 10, 2009) ... all over that issue here, in our commentary about Bailey v. Janssen Pharmaceutica, Inc., 536 F.3d 1202 (11th Cir. 2008), and its holding that the plaintiffs ...
29 Oct, 2008 11:03 am
Baxter Int'l, Inc. v. Fresenius Med. Care Holdings, Inc.,
No. 08 C 2389, Slip Op. (N.D. Ill. Sep. 25, ... reexam of plaintiff's related patents (the same as in the Federal Circuit appeal) and an inter
partes reexam of the patents in suit. The reexam of the related patents had only uncertain ... delay. The reexam of the patents in suit was filed, as was the stay motion, early in the
case. And the inter partes nature of the proceeding guaranteed that it would streamline the case. But the potential benefits ...
16 Feb, 2007 5:17 am
... full effect; several recently decided cases cite it: Fortune Med., P.C. v Allstate Ins. Co., 2007 NYSlipOp 50243(U); Vista Surgical
Supplies, Inc. v Progressive Cas. Ins. Co., 2007 NYSlipOp 50245(U); Delta Diagnostic Radiology, P.C. v ... § 1510), but, for all practical
purposes, it was powerless to proceed with this action. There was no one with the authority to, inter alia, execute the substitution of
counsel, retain new counsel, or authorize the filing of the notice of appeal and the ...
10 Apr, 2008 10:38 am
... is truly impossible, good mediators go for partial settlements sometimes agree on a binding med-arb with a retired judge baseball
arbitration and mediators' proposals (described here) ... all contracts -- buy in or opt out pursuing written commitments to cross-cultural training inter-space negotiations expedited review of employment discrimination complaints goes to root causes ... A Case Study on the Task Force on Equality and
Fairness In Roberts v. Texaco Inc. 94 Civ. 2015 (CLB) U. S. D. Ct., S.D.N ...
15 Oct, 2008 7:57 pm
... is raised for the first time on appeal and is therefore unpreserved (cf. Bath Med. Supply, Inc. v
Deerbrook Ins. Co., 14 Misc 3d 135[A], 2007 NY Slip ... and various documents annexed thereto. In opposition to plaintiff's motion, defendant argued, inter alia, that the affidavit of plaintiff's employee failed to lay a proper foundation for admission of ... failed to make a prima facie showing of its
entitlement to summary judgment (see Fortune Med., P.C. v Allstate Ins. Co., 14 Misc 3d 136[A], 2007 NY ...
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